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to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other side, graham and mccain who say, enemy combatant, no miranda, et cetera. jay, where do you fall on it? >> i think the department of justice right now has done the right thing by utilizing the public policy exception to the mirandaizing. that gives the department of -- >> explain briefly what that is. >> if in fact based on evidence that this plot was more extensive. if it is more extensive, and we have no evidence of any of this, the government's going to find that out quickly. then they can make the decision to declare him an enemy comba
to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other...
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Apr 20, 2013
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the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in the room the night of the bin laden raid when it was planned and orders carried out from the situation room. former head of counter terrorism for this country, michael, walk us through what is likely to happen now. what's the first set of official eyeballs that will sit down across from or ride with this suspect. especially for those of us who would simply like to know what it takes for a 19-year-old to be convinced that putting a bomb down next to little kids is a good idea. >> brian, as pete mentioned during the christmas day bomber in 2009, we hadn't fully established a protocol and discussion about how a terror suspect would be interrogated. we worked through the problem more. there will have already been prethis arrest a very extensive discussion between the fbi and the rest of the intelligence communi
the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in the room the night of the bin laden raid when it was planned and orders carried out from the situation room. former head of counter terrorism for this country, michael, walk us through what is likely to happen now. what's the first set of official eyeballs that...
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Apr 20, 2013
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>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case was about to go to the supreme court, the government changed its mind and put him into civilian court so we never did get an answer to that question legally. >> one questi
>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to...
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that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is a lot of evidence that police and the f.b.i. are saying and they had him in that boat and we've all saw it live on tv. let's say he's not the guy. >> okay. >> bret: shouldn't he be given the miranda rights? >> he should be given miranda rights no matter what because if you're going to prosecute -- if you interview him to try to find out if he's guilty, he should get miranda rights. every person should if you're going to try to interview them to gain information to convict them in court. he's not entitled to miranda rights if he's a terrorist who is associated himself with enemies of the nation. ameri
that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is...
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Apr 20, 2013
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status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which it will expire and they must mirandize him, get him an attorney if he wants one? >> well, i trust what pete williams says on these things and there is a period of time, 36 to 48 hours. it's somewhat fudgible. it will defend when aware enough and coherent enough to begin to answer questions. but remember, the exception is about imminent threat. does he know of any other terrorist plots? has he planted any other devices? it's about the immediate safety and security of american citizens. and once law enforcement has concluded that is not an issue anymore based on his questions, they'll then move on to what
status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which...
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. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing suspect, how will it proceed? buck sexton is a former cia officer, currently with the blaze, susan crawford, professor at the core dough zoe school of law. thanks for being here. susan, i could tell during my conversation with the congressman, you were nodding but i couldn't tell whether you were nodding in agreement or whether you were nodding in disagreement? >> just interested in what the congressman has to say st. is a moment of great misery and pain and also great importance for the country and we try to figure out what to do so, i'm interested. >> buck what are investigators focusing on now? >> i work for the n
. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing...